MEMORANDUM AND OPINION and ORDER ADOPTING 9 Report and Recommendations of the United States Magistrate Judge. ORDERED that the application for the writ of habeas corpus is DISMISSED WITH PREJUDICE. Signed by Judge Michael H. Schneider on 2/12/2015. (gsg)
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
CIVIL ACTION NO. 6:14cv556
MEMORANDUM ADOPTING REPORT AND RECOMMENDATION
OF THE UNITED STATES MAGISTRATE JUDGE
AND ENTERING FINAL JUDGMENT
The Petitioner DeAndre White, proceeding pro se, filed this application for the writ of habeas
corpus under 28 U.S.C. §2254 complaining of the legality of his conviction. This Court ordered that
the matter be referred to the United States Magistrate Judge pursuant to 28 U.S.C. §636(b)(1) and
(3) and the Amended Order for the Adoption of Local Rules for the Assignment of Duties to United
States Magistrate Judges.
White was convicted of possession of a controlled substance on February 23, 2012, receiving
a sentence of 10 years in prison. He did not appeal, but sought state habeas corpus relief on February
10, 2013. This application was denied on February 19, 2014. White filed his federal habeas petition
on June 11, 2014.
The Respondent answered the petition, stating that White’s claims are barred by the statute
of limitations and lack merit in any event. White did not file a response to the answer.
After review of the pleadings, the magistrate judge issued a report recommending that the
petition be dismissed based on the expiration of the statute of limitations. No objections were filed
to the report; consequently, the parties are barred from de novo review by the district judge of those
findings, conclusions, and recommendations and, except upon grounds of plain error, from appellate
review of the unobjected-to proposed factual findings and legal conclusions accepted and adopted
by the district court. Douglass v. United Services Automobile Association, 79 F.3d 1415, 1430 (5th
Cir. 1996) (en banc).
The Court has reviewed the pleadings in this cause and the Report of the Magistrate Judge.
Upon such review, the Court has determined that the Report of the Magistrate Judge is correct. See
United States v. Wilson, 864 F.2d 1219, 1221 (5th Cir.), cert. denied, 492 U.S. 918, 109 S.Ct. 3243
(1989) (where no objections to a Magistrate Judge’s Report are filed, the standard of review is
“clearly erroneous, abuse of discretion and contrary to law.”) It is accordingly
ORDERED that the Report of the Magistrate Judge (docket no. 9) is ADOPTED as the
opinion of the District Court. It is further
ORDERED that the above-styled application for the writ of habeas corpus is DISMISSED
WITH PREJUDICE. It is further
ORDERED that the Petitioner DeAndre White is DENIED a certificate of appealability sua
sponte. Finally, it is
ORDERED that any and all motions which may be pending in this action are hereby
SIGNED this 12th day of February, 2015.
MICHAEL H. SCHNEIDER
UNITED STATES DISTRICT JUDGE
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